| Show JOINT COUNTY AND CITY BUILDING G the agreement for the erection of the joint city and county building was signed by the contracting parties on friday june ath the signatures appended are monheim oa bird architects probate judge G W bartch and C E allen alien courty clerk or the county george M scott mayor and J B jack recorder for salt lake city the instrument is an important one and to is herewith given in full whereas salt lake city and county have heretofore invited architects to submit to them competitive plans and sketches for a joint public building to be erected by said city and county in sat salt lake city upon the ground commonly known as the eighth ward square and others the firm of monheim oa bird of salt lake city have submitted mitt ed such a sketch which meets the approval pro ial of the agents of said city and county now therefore this agreement made this thi aday day of by and between the maid iii sail Lake lake city and salt lake county as aa parties of the first part and henry monheim george W bird and willis T partners carrying on their profession under the firm name and style of monheim bird as parties of the second part said first parties here bv employ said second parties to furnish them efiem plans drawing and specifications for said building and said second parties hereby accept said employment and agree to furnish said plans drawings and specifications sri fixations ficat ions upon the following terms and d conditions to wit the said plans drawings and specifications shall show the material to be used and how used and based upon the general specifications hereto attached marked exhibit X and exhibit a building which shall be in design dimensions men material and architectural effect substantially the sarrie same building which is exhibited upon the sketch heretofore offered to said first parties by the said second parties in the completion aforesaid and shall represent and de scribe a building which when erected shall be structurally safe durable and of the general character described in said sketch and said exhibit X 1 I 1 said plans drawings and specifications shall show every evera part of the eluding all details whatsoever of design material and construction and the finishing including all apparatus for the heating ventilating and lighting fighting by ps gas and electricity and the plumbing and sanitation of said building the building shown upon said plans drawings and specifications shall be one which may i 1 be constructed ted and completed in accordance therewith in every particular for three hundred and fifty thousand dollars the parties of the first part however reserve to themselves the right to submit said plans drawings and specifications to any expert architect or architects whom th they mav choose after the same sakne are delivered e to them by said second parties for an opinion by stich other architect or architects as an to whether a building con strutted ted in accordance therewith would be structurally safe and durable and to reject ahe same without compensation in case if the opinion of said other are arc ilent or architects such building buildt i would not be structurally safe and dt durable t 6 ae in case alter after due publication and advertisement verti for bids the lowest bid from a responsible bidder for the construction of said building as shown by raid paid plans and specifications shall exceed three hundred bundred and fifty thousand dollars by more than 5 per cent thereof the first parties arties may at their option reject said plans lans and specifications and the second par r les ies shall be entitled to no compensation but in such case the first parties may at their option call upon the second parties for such modification of said plans and specifications or such new pla usand specifications as will reduce the cost of said building to the sum of three hundred and fifty thousand 1350 dollars and if after due publication and advertisement for bids as aforesaid a bid shall be obtained from a responsible bidder bi ilder not exceeding three hundred and fifty thousand 00 dollars and five 6 5 per cent thereof for the construction of said building in accordance with the plans and specifications as so modified the said second parties carlies shall thereupon be entitled to compensation herein provided said modified plans and specifications shall be in all respects res a as complete as those first mentioned and shall exhibit and de scribe a same as that hat shown by the sketch and exhibit ax X above referred to and which shall be safe eafe durable complete convenient etc as aforesaid the plans and specifications shall be such that building contractors of ordinary skill and experience willby willaby re frence to the same be able to obtain all the data necessary to make exact and intelligent bids for the erection oft of i hew he whole hole of the said building or for any particular part of its construction without reference to or without making allowance for extras parties of the first part agree that upon the reception from the second parties of the said plans drawings and specifications and after the submission of the same I 1 lo 10 0 another architect or architects upon the question of safety and durability as aforesaid and a report thereon that said building am so planned drawn and specified would be structurally safe and durable they the parties of the first part art will proceed forthwith to advert 9 for for bids for the construction of said building in the manner provided by law and that upon obtaining a bid from a rompon sibble bidder for the construction of said building not exceeding three hundred and fifty tho thousand asand with five 5 per cent celt thereof and upon the awarding of the contract by said first parties for the construction of said building they will forthwith pay to the parties of the second part for the plans and specifications a sum equal to two 2 per cent of the amount of said bid and an additional one and one half 1 per percent cent of said bid in the manner and at i he times limes hereinafter provided in case of the rejection of the said plans and specifications by the first parties for the mentioned they shall be forthwith returned to the second parties in ease case of their acceptance they shall become the property of the first parties but the second parties shall be entitled to make copies of the same for the purpose of enabling them to supervise mod fid construction in amor accordance danoe therewith and said second patties parties agree to make such copies for their use in adlaf as aforesaid and aind to make an additional ret met of the same barne for the use of the contractor or contractors for the construction of baid building and all such additional dit ional copies shall be made without additional compensation and upon the completion of said building shall be delivered to and become the property of the said maid first parties partie the second parties shall furnish the plans and specifications for the excavation of said building and for fop the found RUM thereof before the day of juno jane 1891 aud ana the plans drawings and specifications for the rest mat of said building on or before the 1st ast day of august 1891 and in case of their failure to do so this contract may at the option of the first parties be rescinded said first parties reserve to the right to make or order made however auy any changes iti in the dap d tails of said building pertaining to tiny any patt part thereof which may not have been beed constructed at the time of such order and which may be safely made consistently with the construction at that time lime completed said changes or any changes in the plans and as originally delivered and accepted shall be made only upon the duly authorized order in writing of the first parties plans drawings and specifications 0 of f such changed details shall be made by the second parties without additional compensation pensa tion and shall be delivered by them to the first parties and copies thereof made as in cue case of the original plans drawings and specifications upon the furnishing and acceptance of the plans drawings and specifications as heretofore provided said second parties arties shall be and as Oo aforesaid arthey they hereby are employed as the supervising architects to superintend the construction of said building they hereby accept said employment and hereby agree that they will allow the said build building inq to be constructed only in accordance with the said plans laus drawings and specifications subject i to such stich changes in matters of detail as may hereafter be ordered by said first parties that they will allow only first class materials to be used and the construction to be done in a skillful and workmanlike manner that for the information of said first parties they the second parties shall carefully examine the claims for corn com sensation pensa tion of the contractor or contractors and of all persons claiming compensation for work done or materials furnished for in or about the construction of saia said building and approve or disapprove the same in writing and deliver said approval or disapproval forth with to the mayor of said city and the chairman of the county court of said county said second parties agree to give their daily attention to said supervision and upon failure of any contractor or workman or person engaged in or about the construction of said building or the furnishing of materials to comply with the requirements of said plans and specifications ions I 1 that they will report the same fortaw forthwith ith to the mayor of said city ait y and the chairman rf of the county court of said county and i that hat they the said second parties will not noi endorse or approve any bill or claim by any such contractor or other person for labor performed or materials furnished in or about the construction st olion of said building unless the same has been done or furnished in strict compliance with the requirements of said plans drawings and specifications that they will condemn all work done upon or material furnished for said building not in compliance with the said plans drawings and specifications and in mae case of a refusal of any such contractors workman or furnisher of materi materials aln to comply with said ings and specifications they the said second parties shall report the fact of such refusal to the said mayor and chairman the first parties agree to pay the second parties for their services as supervising architects as aforesaid a further sum equal to one and one half 1 per cent of the amount ol oi the accepted bill for the construction st of said building to be paid as follows together with the additional one and one half 1 per cent for the plans drawings and specifications to wit the said second parties shall be entitled to receive at the end of each month a sum equal to three 3 per cent for the aggregate amount which shall have been paid during such month to any contractor for work done in or about the construction of said building and for materials used in its construction and actually in place in said building the first parties partie reserve to tham themselves selves the further right however hr wever of discharging the second parties from the said supervision of said building whenever the first parties may for any reason see fit to do so eo upon paying to the second parties or when the second parties shall have been paid aum equal to three and one half per cent of the amount of the accepted bid or bids for the construction of paid aid building as and for their compensation for the said plans I 1 ns drawings and specifications in addition adSit addition Ion to the one and one half per cent 1 of the aggregate amount paid by the first parties for the work performed upon and materials actually in place in said building up to the date of such discharge due to sald said second parties for their services in said supervision and nothing in this contract contained shall be construed as prohibiting the first parties from employing an inspector to inspect the work being done and materials being furnished and used in the construction of said building andre and reporting upon the same to the first parties it Js is further agreed by the first parties that the contract or contracts as the case may may be for the construction of said building shall be awarded as soon as reasonably possible after the bids for the construction have been duly advertised for received and accepted but this contract is made under and subject to the provisions of a certain contract heretofore entered into between said city and county relative to their joint erection of a joint public building upon said eighth ward square and in owe case legal proceedings shall be instituted to restrain said city and county or either of them from carrying said contract between themselves or this pre present tient contract into effect the running of time herein provided for the doing of any act or thing by any of the parties hereto shall be suspended during the time necessarily ela elapsing F sing until the termination of said legal proceeding or proceedings ce provided that said paid city and county shall shaft use all reasonable diligence on their part to bring such legal proceeding or proceedings to a termination as speedily as aa possible in witness whereof the parties of the first part said salt lake city by resolution of the city council has caused these presents to be subscribed by its mayor and its corp corporate arate seal thereto affixed and attested by its recorder and said salt lake county by resolution of the county court has eased cased these presents to be subscribed by the chairman of said court and the seal of said court thereto affixed and attested by the clerk of said court and also said second parties have hereunto set their hands and seals on the date herein first written |
